- Move away from the scene if possible. The contents of the truck could be flammable or otherwise hazardous, so make every effort to put some distance between you and its cargo.
- Call the police. Georgia law requires you to report auto accidents to the police, so call 9-1-1 and wait for an officer to come to the scene. They will write up an accident report that may later serve as crucial evidence.
- Gather evidence. You will need the truck driver’s name, phone number, address, license number, insurance information, and the contact information of their employer. Then, take photos and videos of the accident scene. Write down (or create a voice memo of) your account of what happened. Give as much detail as possible. If there are any witnesses, try to get their names and phone numbers in case you need their testimony.
- Get a medical evaluation. Always see a doctor after any kind of auto accident. Some injuries will not be immediately obvious, and you need to connect any injuries you did sustain to the collision.
- Report the accident to your insurance company. Most policies require you to promptly inform your insurer about any collision.
- Do not talk to the truck driver’s insurance company. The truck driver’s or their employer’s insurance company may reach out to you. Say as little as possible to them and do not sign any documents they give you. They are likely trying to limit or eliminate your ability to recover compensation.
- Speak to an attorney. Our Atlanta truck accident lawyers understand what you are going through and will get to work on your case so you can focus on getting better.
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Atlanta Truck Accident Statistics
Truck accidents are a significant issue in Georgia, particularly in densely populated areas like Atlanta. Large commercial trucks, such as semis and 18-wheelers, are involved in thousands of accidents every year. According to the Georgia Governor’s Office of Highway Safety:
- In 2021, 14% of all traffic fatalities involved at least one large truck. That year, a total of 244 deaths resulted from trucking accidents statewide.
- Among all injuries and deaths that occurred in accidents involving large trucks, 76% were occupants of other vehicles.
- 86% of crashes involving large trucks involved multiple vehicles.
- More large truck accidents occurred on interstate systems than local roads and city streets.
- 53% of all large truck crashes occurred in the Atlanta region.
Different Types of Truck Accidents
Truck accidents can take many forms, and each type poses unique dangers:
- Rollover Accidents: A truck can tip over due to sharp turns, uneven loads, or high speeds. These accidents often involve multiple vehicles and result in serious injuries.
- Jackknife Accidents: In a jackknife accident, the truck’s cab and trailer fold at an acute angle, typically caused by sudden braking or loss of control. This can lead to catastrophic multi-vehicle collisions.
- Underride Accidents: These occur when a smaller vehicle slides under the rear or side of a truck, often resulting in severe or fatal injuries due to the vehicle’s cabin being crushed.
- Rear-End Collisions: Due to their size and braking limitations, trucks may rear-end other vehicles, especially in heavy traffic or sudden stop situations.
- Wide Turn Accidents: Trucks need extra space to make turns, and when a driver misjudges the distance, it can lead to collisions with nearby vehicles.
- Blind Spot Accidents: Trucks have large blind spots, and vehicles traveling in these zones are at risk of being sideswiped or crushed if the truck changes lanes.
Common Truck Accident Injuries
Truck accidents tend to result in more severe injuries, including fatal and catastrophic injuries, compared to typical car accidents due to the size and weight of commercial trucks. Common injuries include:
- Traumatic Brain Injuries (TBI): A blow to the head during a crash can cause long-term cognitive and physical impairments.
- Spinal Cord Injuries: These injuries can lead to partial or complete paralysis, requiring lifelong medical care and rehabilitation.
- Broken Bones: The impact of a truck accident often results in fractures, which can take months to heal and may require surgery.
- Internal Injuries: Blunt force trauma can cause damage to internal organs, leading to life-threatening conditions.
- Burns: Truck accidents involving fuel can lead to fires, causing severe burns that require extensive treatment and leave lasting scars.
- Amputations: In some cases, the severity of the crash can result in the loss of limbs, leading to permanent disability.
These injuries often require long-term medical care and rehabilitation, significantly impacting the lives of victims and their families.
Who Is Liable for a Truck Accident Injury in GA?
Determining liability in a truck accident is often more complex than in a typical car accident due to the number of parties involved. Potential liable parties include:
- The Truck Driver: If the driver was negligent, such as driving while fatigued or under the influence, they may be held liable.
- The Trucking Company: Employers can be held liable for the actions of their drivers, especially if they failed to properly train or supervise the driver or encouraged unsafe practices, such as speeding or overloading.
- The Cargo Loader: If improperly loaded cargo caused the accident, the company responsible for loading the truck may be liable.
- The Truck Manufacturer: Defective parts, such as faulty brakes or tires, can lead to accidents, making the manufacturer liable.
- Third-Party Maintenance Companies: If a maintenance company failed to properly service the truck, leading to mechanical failure, they may be held responsible.
How Much Is My Atlanta Truck Accident Case Worth?
The value of a truck accident case in Atlanta depends on several factors, including:
- Severity of Injuries: The more severe and long-lasting the injuries, the higher the potential compensation for medical expenses, pain and suffering, and lost wages.
- Liability: Strong evidence of the other party’s fault increases the likelihood of a higher settlement or verdict.
- Economic Damages: These include quantifiable losses like medical bills, property damage, and lost income. The total cost of these damages will directly impact the value of your case.
- Non-Economic Damages: These are harder to quantify but include compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In cases of extreme negligence, such as accidents caused by a truck driver under the influence, punitive damages may be awarded to punish the responsible party.
Each case is unique, and a skilled truck accident attorney from our firm can evaluate the specifics of your case to estimate its potential value.
Georgia Truck Accident Statute of Limitations
In Georgia, the statute of limitations for filing a truck accident injury claim is generally two years from the date of the accident. However, there are exceptions:
- Claims Involving Government Entities: If your accident involves a government vehicle, you may have a shorter timeframe to file a claim.
- Wrongful Death Claims: If the accident resulted in a death, the two-year statute of limitations typically starts from the date of death rather than the accident date.
- Discovery Rule: In cases where injuries are not immediately apparent, the statute of limitations may start when the injury is discovered.
Acting quickly after a truck accident is essential to preserving evidence and ensuring that your claim is filed within the appropriate timeframe.
Process for Filing a Truck Accident Claim in GA
Filing a truck accident claim in Georgia involves several key steps:
- Seek Immediate Medical Attention: Prioritize your health and ensure that your injuries are properly documented by a healthcare professional.
- Report the Accident: File a police report and gather any available evidence at the scene, such as photos, witness information, and contact details for the truck driver and their employer.
- Notify Insurance Companies: Inform your insurance company about the accident, but avoid giving detailed statements until you’ve consulted with an attorney.
- Hire a Truck Accident Attorney: Truck accidents often involve complex legal issues and multiple parties. An experienced attorney will handle communication with insurance companies and investigate the accident thoroughly.
- File a Claim: Your attorney will file a claim against the at-fault party’s insurance, seeking compensation for your medical expenses, lost wages, and other damages.
- Negotiate or Litigate: If a fair settlement cannot be reached, your attorney may recommend taking the case to court to pursue full compensation.
How Do Truck Accident Investigations Work?
Truck accident investigations are complex and often involve multiple parties. Here’s what typically happens:
- Scene Investigation: Evidence from the scene, such as skid marks, vehicle positions, and damage to the vehicles, is collected and analyzed.
- Black Box Data: Most commercial trucks are equipped with event data recorders (commonly known as “black boxes”) that capture information about the truck’s speed, braking, and other critical data leading up to the crash.
- Driver Logs: Truck drivers are required to maintain logs detailing their hours of service. These logs can be used to determine if the driver was fatigued or violated federal regulations.
- Maintenance Records: Investigators will review the truck’s maintenance records to determine if a mechanical failure contributed to the accident.
- Expert Testimony: Accident reconstruction experts may be called in to analyze the evidence and provide testimony on how the accident occurred.
This investigative process is essential for proving liability and ensuring that all responsible parties are held accountable.
Do I Need a Lawyer for a Truck Accident?
Yes, having a lawyer for a truck accident is highly recommended. Truck accidents involve complex legal issues, multiple liable parties, and large insurance companies. An experienced Atlanta truck accident attorney can:
- Protect Your Rights: They will ensure that your legal rights are protected throughout the claims process.
- Handle Insurance Companies: Trucking companies and their insurers often have aggressive legal teams. Your attorney will negotiate on your behalf to secure a fair settlement.
- Investigate the Accident: A skilled attorney will conduct a thorough investigation to gather evidence, identify liable parties, and build a strong case.
- Maximize Your Compensation: With the guidance of an experienced attorney, you are more likely to receive the full amount of compensation you deserve.
Without legal representation, you risk being undercompensated for your injuries and losses. An attorney can make all the difference in the outcome of your case.
How Our Atlanta Truck Accident Lawyers Can Help
Thorough Investigation
Our team works with accident reconstruction specialists, reviews trucking logs, and examines vehicle maintenance records to build a strong case.
Expert Negotiation
We deal with insurance companies and trucking corporations to ensure they offer fair compensation. If they don’t, we are prepared to take your case to court.
Comprehensive Compensation Pursuit
Victims of truck accidents in Atlanta can seek damages for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of earning capacity
Call For a FREE Consultation: (404) 609-1081
Truck accident lawsuits can be high-stakes cases, which is why anyone with a potential claim should reach out to our team of Atlanta trucking lawyers as soon as possible.
With an office in Atlanta, our truck accident attorneys Cunningham Bounds proudly serve victims across Fulton County and beyond and offer FREE and confidential consultations.
If you have questions about a case and what we can do to help, give us a call at (404) 609-1081 or contact us online to speak with a truck accident lawyer near you.
Trucking accident faqs
Are truck accident claims different from car accident claims?
Yes, truck accident cases are more complex due to:
- Federal trucking regulations (e.g., Hours of Service rules, weight limits)
- The involvement of multiple parties, such as trucking companies and manufacturers
- The severity of injuries, often requiring higher compensation amounts
- The need for specialized evidence like black box data and driver logs
Can I file a claim if I was hit by a truck while walking or biking?
Yes, pedestrians and cyclists injured in truck accidents can file claims. Truck drivers and companies have a duty to operate safely and avoid harming others on the road. If negligence caused your injuries, you may be entitled to compensation.
Who can be held responsible in a truck accident?
Liability in a truck accident can involve:
- The truck driver (e.g., for negligent or reckless driving)
- The trucking company (e.g., for poor hiring practices or maintenance)
- Cargo loaders (e.g., for improperly secured loads)
- Vehicle or part manufacturers (e.g., for defective brakes or tires)
How long does it take to resolve a truck accident case?
The timeline varies depending on the complexity of the case, the willingness of parties to settle, and whether the case goes to trial. Simple cases may take months, while more complex cases can take a year or more.
Can I still recover compensation if I was partially at fault for the accident?
Yes, Georgia follows a modified comparative negligence rule, allowing you to recover damages if you are less than 50% at fault. Your compensation will be reduced by your percentage of fault.
What should I do if the trucking company’s insurance contacts me?
Do not provide a recorded statement or sign any documents without consulting a truck accident lawyer. Insurance companies often try to minimize payouts, and an experienced attorney can protect your interests.
